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  • For instance . .I was interested in a topic we covered a long while back:

    "Opening Statements"

    So I googled "opening statements", "ottawadivorce.com",& "LovingFather32" to reach this great document that Mr. T provided a while back: http://www.beardwinter.com/wp-conten...d-A-Jarvis.pdf

    My threads are like my personal filing cabinets of information. I encourage others to use it as such as well. There's an amazing amount of family law information. I know they're long .. but .. there's a method behind the madness. lol

    Comment


    • I don't recall the TSE form but it reads pretty much as I remember a TMC conference form. Must be new

      This TSE form being avaliable for a SC makes me wonder if it's acknowledgement that the Conferences are a failure.....It warns peeps TRIAL is an actual fact, not some obsure down the road thing.

      I remember my first TMC and the realization that Trial was actually going to happen was a slap to the face....THE BIG TIME IS HERE!.

      It time to get aggresive on getting items/people together.

      I don't care if it's a SC with a TMC to follow or not your preparing for Trial so prepare no sleepwalking!.

      When you arrive at SC....your there to pickup that updated Form13 and ask for additional financials information that OP won't give you (because your going to ask politely prior and were refused)

      Need that AFFADAVIT of Documents...every one OP has that they want to use.

      Counselluer X....her notes...everybodies notes for that matter.

      and you need to work on fitting everything into the theory of your case.

      It would be nice to have secret recordings dumped prior to Trial ....I'd try it's not a child protection matter so the relevency of illegally made recordings adds very little to the matter. (plus Motion Judge already tossed the recordings)

      Maybe you want the secret recordings to show a schemer. you definitly have proof when she confessed LATER what she alleges you are...drunken doper

      Comment


      • SC stuff to ask for

        Yes. It states right on the TSE that an updated financial statement is required (well .. they're required every conference or motion unless an affidavit is provided).

        Blink sent a great link about clauses: http://www.ontariocourtforms.on.ca/f...rs-EN.doc/view

        One dealt with employment/bank statements.

        Ex states in her affidavit that she wants to work a part time job. (I have a feeling she may already be .. in QC). Just an inkling though.

        This clause might be useful:

        1.4 The Respondent shall produce to the other party the following documents on or before _____________________________________:

        1. The party’s personal resume, a list of all places or persons to whom the party has applied for employment within the last 12 months, with dates and contact information, and a copy of all responses received.

        2. Medical documentation verifying any inability to work due to illness or disability.

        3. A copy of any application for illness or disability benefits submitted to the Canada Pension Plan, the Ontario Disability Support Program or any illness or disability insurer and the response to each application.

        4. A copy of the party’s Record of Employment (both front and back) from their last employer.

        5. A copy of the party’s credit card statements from ____ to _________._

        6. Confirmation of the party’s enrolment in an educational institution or course of study.

        7. A copy of the party’s credit report or any applications for credit filed by the party from ____ to _____._

        8. The following additional documents: __________________________________________________ __________________________________________________ __________________________________________________ __________________________.

        9. Documentation to show any Employment Insurance received within the last 12 months, as well as any supplemental income or benefits received during this time. A copy of the party’s bank statements from January, 2014 to current.
        An affidavit of doc's is a must. We both need to put our hand's on the table. It's been long enough.

        Primary Objective stuff:http://www.ontario.ca/laws/regulation/990114


        PROCEDURAL ORDERS
        (7.2) For the purposes of promoting the primary objective of these rules as required under subrules 2 (4) and, particularly, (5), the court may make orders giving such directions or imposing such conditions respecting procedural matters as are just, including an order,

        (a) that a party give to another party an affidavit listing documents that are relevant to the issues in a case and that are in the party’s control or available to the party on request, or that a party make any other disclosure, within a specified time
        As for the recording's Mr. T. I believe the last time this Justice presided over us she indicated that she would rule on the recording's in the same manner the motion judge who trashed them did. So perhaps I should get that straightened out also.

        I just have to be careful what/how many things I ask for at the SC.
        Last edited by LovingFather32; 08-18-2015, 03:15 PM.

        Comment


        • Originally posted by Tayken View Post
          Actually to be frank... OntarioDaddy (who I am not) is correct in that I and other posters do not contribute to this thread because we are simply turned off by the content and advice given. I can confirm that this is WorkingDad's opinion of these threads and some of the posters.

          I will now be leaving this thread as there is little I can do to provide any assistance in these matters. These threads read like a Robert Jordan series... Too long, too many characters, too much detail, ...

          If the owner/moderators of this site are curious as to why previous contributors have disappeared... They simply just have to look at these threads for their answer.

          Good Luck!
          Tayken
          I think that this counts the 7th time that Tayken has 'left' a LF32 thread.

          Comment


          • Originally posted by Straittohell View Post
            I think that this counts the 7th time that Tayken has 'left' a LF32 thread.
            We've moved on...thanks.

            Comment


            • Personally this thread is the one I am learning the most from, and the one I feel for the most. I don't understand the bad feelings toward it at all.

              Comment


              • Thanks BlueDress. I dont get it either.

                In other news .. I had a nice spat with my lawyer a few minutes ago. She was happy to see that I drafted up the order and wrote a nice letter for LAO with some new informaion/requests (medical appts, refusal of ex to drive, refusal of phone access, out of province notification, disclosure .. and some other things).

                She just has to get it off to him. It'll be ignored anyways but at least we can show judge we tried the nice way first.

                It's getting real now. We're officially on the trial list for November. My lawyer's calling OCL to see what's up with them .. are they taking the file? Are they not?

                She says if OCL stalls/delays .. to go tot the SC anyways .. showing that we contacted them but given no info (if they give us none).

                Hopefully OCL can let us know in a timely fashion so that we can set the SC date and get this going.

                The biggest adventure of my life is just around the corner. Deep breath..

                Comment


                • Originally posted by LovingFather32 View Post

                  ...In other news .. I had a nice spat with my lawyer a few minutes ago...
                  A spat, or chat?

                  Comment


                  • Originally posted by dad2bandm View Post
                    A spat, or chat?
                    Woops. A chat. Not spat. No quarreling going on. lol

                    Comment


                    • Okay, that makes more sense. lol.

                      Comment


                      • Quick question to shed some light on an issue:

                        Last motion OP brought up SC info (with no transcripts or evidence). In fact they lied about issues spoken about in the SC ; & brought in the CC transcripts. (for some CS stuff).

                        Ex made up lies about what what was said at the SC (again with no evidence), even sayin I agreed that D was having troubling behaviors (which I certainly did not).

                        This tainted the entire motion and may very well be why D4 is not attending J/K in a few weeks.

                        How is it that the OP got away with discussing conference material at a motion?

                        When the law states:

                        Rule 17(23) – No brief or evidence prepared or a settlement conference and no statement made at a settlement conference shall be disclosed to any other judge, except in,
                        (a) an agreement reached at a settlement conference; or

                        (b) an order.


                        I also have to prepare my "Request To Admit":

                        To my understanding this contains "facts I'd like admitted". I can do this by perhaps categorizing issues (access, allegations, income, etc) and attaching admit statements (with corresponding exhibits)?

                        This procedure is to gain admissions on as many uncontroversial facts - dates, adresses, incomes, etc .. which will become agreed fatcs

                        OP responds to each fact .. pruning the list.

                        When referring to doc's already served, would it be more efficient to simply put pg #, tab # .. or attach the actual documents to the admit? Which would you think a judge would prefer? (My CR is very big .. perhaps a judge wouldn't like skimming for my every point)?

                        If I'm not mistaken this Request To Admit, if used well, can be of extreme advantage.

                        1. Leading q's to OP can be formulated.
                        2. Opening Statements (background, facts parties intend to prove, witnesses who will prove them, legal issues, orders we're seeking.

                        Does anybody have a good example of a request to admit?

                        Comment


                        • Go over your old Request to Admit....the one LAO scumbag cried over. Try not to loose track of stuff...don't worry how long your C/R is

                          Just get a updated copy of C/R table of contents from time to time.

                          Hopefully your OLD Admit ...is in Volume 1...tab 15 ...or where ever....get it and review it.

                          Last year you requested ..Affadavits of Documents...Disclosure etc

                          Your making a final request for pretty much the same information/discloure ...attach the old requests to LAO scumbag letter...give him 7 days to supply as a courtesy....then when he gives squat ...you make a nice package up on what you want and do a 14B...for procedural trial stuff.

                          Then later you do the NEW stuff the same way.

                          Agreed Statements are nice....you both agree when Goldilocks took off....what else is there?....maybe you both could agree on sipping wine, puffing the odd J and arguing....but I think her position is she's Mary Poppins

                          NUMBER 1 Primary parenting (historical and current) is TOP of LIST for Trial...go overkill on this (you not only prepared nutritous meals ..YOU GREW THE FOOD)

                          Step 2 Best Interest of Child

                          1) Goldilock calls you UNFIT
                          2) You prove she's hostile unreasonable, a liar with a hidden agenda and have a good parenting plan

                          Step 3
                          1) custody goes to the nicest parent

                          Key stuff to do is get rid of the "secret recordings" which is OP entire platform and first OCL

                          Comment


                          • Yes .. I remember filing the FORM 20 last year, in a relentless attempt to get disclosure of any kind while D4 was being withheld.

                            LAO sent me a letter back stating that it was only for child protection matters and ignored it, as he has every other request for disclosure to date.

                            Gotcha .. request those items again, nicely to get rejected. This will indeed be a nice little 14B package. (Hey I've tried nicely for a year you honor.

                            In terms of the statement of facts. I can't see her agreeing to much besides the basics (addresses, etc). But I have a few ideas here that will question her credibility if she denies. (Because she contradicts in other places).

                            Primary Parent is crucial.

                            Well .. I cooked. If I had a shift, I cooked the night before and froze it. love cooking to this day .. my new g/f can attest to this for sure.

                            In the OCL report ex tries to say I was obsessive about food/feeding. Very false. I simply liked to eat healthy and cooked that way.

                            I gave baths every other night, read stories before bed, and then I would sing to her while she was in her crib (hope she's not traumatized .. lol).

                            She can't say I was at work the entire time because I was off for nearly a year (When D4 was 2 .... ex left when she was 2). So I was home pretty much all the time.

                            Ex was having some issues (baby blues?) so I took over most the house chores. I lived next door to my mom .. never want your mom to see a mess

                            Digging through old doc's I found one from the hospital .. it's a bowel movement chart .. I was recording the frequency of bowel movements (my handwriting). I continued doing this at home.

                            Also found a document between ex and OBGYN. A checklist ... one part asking if there was any abuse, family problems, etc. She checked no to all.

                            As mentioned .. I scheduled all the appt's and attended all of them as well pre-separation.

                            Just so much proving to do. Who saw us in our parenting roles? Mostly my family (my mom lived across the road) ... problem is she's my mom .. how much weight will a judge give?

                            Yep .. I have a lot to do.

                            Regarding the secret recordings ... Can anybody shed some light on what a "Voir Dire" hearing is? From what I've read it's a hearing pre-trial (or during?) to assess what evidence is admissible?
                            Last edited by LovingFather32; 08-20-2015, 02:39 PM.

                            Comment


                            • For those of you who recall .. my ex claimed D4 is having behavior issues (co-sleeps with her, tantrums, emotional (sensitive), etc).

                              Her angle being that I the cause (after father's access ... takes days to bounce back, etc).

                              Ex wanted her to speak with a domestic violence witness counselor with the very agency that assisted her in planning and recording for 9 months before the abduction. I was not permitted at these functions.

                              Not surprisingly, I did not give my consent for this .. for a few reasons.

                              1) D4 did not witness violence so the program was inappropriate
                              2) I could not be involved
                              3) I did not witness any of these behaviors at all.

                              I did my research both here on ODF and other places and found that the appropriate action to take was to go to the family Dr, have D4 meet with them, expressed exs concerns and see what he thought. He was convinced that she did not require therapy and provided a letter stating that.

                              I havent heard of any behaviors in months .. but ex did write that she didnt feel the need to discuss them and she wasnt going to repeat them to me unless I was willing to discuss intervention.

                              I ran in to this today while surfing the net.FRIENDS for Life | Family Services Ottawa

                              Does anybody have any experience with this program/organization?

                              I dont see any anxiety with D4 at all but it's for "prevention" also, making sense of her feelings, etc. It seems reknown around the world and used in schools, etc.

                              I wonder if it would be worth considering .. to provide yet another venue to deal with ex's concerns that I have yet to observe. The behavior thing will be one of her arguments at trial. This may neutralize it even more.

                              Thoughts?

                              I may also immerse myself in another parenting after separation divorce class. I've already done one class. This one is more intense and for parenting during "High Conflict" Separation/Divorce.

                              I want to continue to be proactive and learn as much as I can about the impact on the child. Having been constantly educating myself and building on existing knowledge .. this may be contributing to why I'm not noticing any of the behaviors at my residence. I dont know why ex wont pursue some of these great resources...as it may alleviate what shes observing (if she is)
                              http://familyservicesottawa.org/2016...n-and-divorce/
                              Last edited by LovingFather32; 08-23-2015, 12:11 PM. Reason: new link

                              Comment


                              • Sounds like the coursework is relevant to anyone parenting after separation.

                                Not only would it enhance your current situation it would likely be good on your resume! (Note the career opportunities).

                                Comment

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